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Ms. Leslie Chow Page -2- August 17, 1998 traffic regulations on roads in areas that are designated for agricultural use by the County Zoning Code? Once again, based on the language of the statute and its legislative history, it is our opinion that the controlling factor is the agricultural and ranching use rather than the agricultural zoning. The amendments made by the legislature to 46-16 were specifically made with such private agricultural subdivisions as Hawaiian Ocean View Estates and Paradise Park, etc. in mind. Therefore it is our opinion that the based on the specific language of the statute, and the legislative history which took into account the necessity of regulating traffic within these agricultural subdivisions, that 46-16 does not preclude the County from imposing and enforcing traffic regulations in agriculturally zoned areas. 3. Inclusion of traffic regulations regarding private roads in the County traffic code, obligate the County Police to enforce these regulations, pursuant to Section 24-12, HCC. Can private roads be excluded from operation of this law if they are in such poor condition that it would be imprudent for police vehicles to traverse them? Since the County Council needs to adopt any of the traffic regulations for each and every private road, private roads can be excluded from enforcement under this law. Thus the County can decide which roads they will accept or not. Furthermore, the decision to enforce is within the administrative authority of the Police Department. Section 24-8(b) creates a bad road exemption for the County Council and will not require it to impose traffic regulation where both the chief engineer and the chief of police inform the Council that the conditions may result in the likelihood of damage to the vehicles or personal injury. 4. If, at the request of a private road owner, the Department of Public Works drafts and submits to the Council a bill which would implement traffic regulations on that private road, but does not evaluate the traffic regulations proposed by the bill for reasonableness or consistency with relevant engineering standards, in any way, could the County later be held liable for the traffic regulation? At the present time, the Department of Public Works' traffic engineers do not do any evaluation of proposed traffic regulations as to reasonableness or consistency with relevant engineering standards. While Cootey v. Sun Investment, 6 Haw.App. 268 (1984) provides some measure of immunity to the County for Department of Public Works' review, it is our opinion that the more the department becomes involved in the reviewing of the traffic regulations there will be greater opportunity for liability on the part of the County. Therefore it has been our opinion that the Department of Public Works should not become involved in the reviewing or adopting regulations oftraffic controls for private roadways in order to avoid liability.